The lawsuit for the cancellation of the tender is a lawsuit that allows the cancellation of this tender if there is any violation of the law in the tender made by the executive directorate. In fact, the cancellation of the tender is a complaint rather than a lawsuit.
WHAT ARE THE REASONS FOR THE CANCELLATION OF THE TENDER?
Irregularities that will lead to the termination of the tender may occur during the tender preparation phase, when the tender is held or in the form of bid rigging. Therefore, it is possible to file a lawsuit for termination of the tender in these cases. Irregularities that cause the termination of the tender are as follows:
Failure to notify the sale announcement, improper notification or notification to the principal instead of the proxy.
In immovable sales. There is less than 1 month between the sale date and the sale announcement.
A period of more than 2 years has elapsed since the valuation taken as a basis for the sale.
Rejection of appraisal objections without examination.
If the attachment or proceedings have been cancelled due to not requesting a sale in due time.
The auction is held without complying. With the schedule and procedure specified in the announcement.
Auction is held in a place other than the place specified in the announcement.
Absence of a crier at the auction.
The sale price is more than 50% of. The estimated price and the costs of conversion and allocation, or more than the preferential receivables.
Prevention of participation in the auction.
The goods are not sold at their real value.
Behaviour that prevents the auction from being held under normal conditions.
The realisation of any. Of these reasons is sufficient to file a lawsuit for the cancellation of the tender.
WHO CAN FILE A LAWSUIT FOR CANCELLATION OF THE TENDER?
Who can file a lawsuit for the cancellation of the tender may differ depending on whether the property subject to the tender is movable or immovable.
If the property subject to the tender is movable. İn this case, only the creditor person or institution requesting the sale. The debtor, those who participate in the tender by making a bid can. File a lawsuit for the cancellation of the tender.
If the property sold by tender is immovabl. Only the creditor or institution requesting the sale. The debtor, the debtor, the persons participating by bidding and the persons. Concerned in the land registry may file a lawsuit for cancellation.
AGAINST WHOM CAN A LAWSUIT FOR CANCELLATION OF THE AUCTION BE FILED?
Although it is referred to as the cancellation of the tender. Since the cancellation of the tender is actually a complaint. There are no clear concepts of plaintiff-defendant in the cancellation. Of the tender, and the participants of the tender are referred to as those concerned.
For this reason, the person requesting. Cancellation of the tender must file the lawsuit against all other interested parties. However, the fact that the claimant for the cancellation of the tender. Does not show all other interested parties as counterparties does not require. Rejection of the cancellation of the tender lawsuit. In this case, the execution court invites the other interested. Parties who are not shown as counterparties to the court and gives. Them the opportunity to defend themselves.
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